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Seminar paper from the year 2009 in the subject Politics - Topic: Public International Law and Human Rights, grade: 1,7, , language: English, abstract: How can indigenous property rights be guaranteed in today’s societies? In many countries with a large indigenous population this is an ongoing political struggle at the center of which stands the question how to balance traditional indigenous land rights and modern private property rights. The UN Declaration on the Rights of Indigenous Peoples was initially not signed by Canada, USA, New Zealand and Australia. The countries argued inter alia that the article on indigenous land rights could not be brought in accord with their domestic legislation and the private property rights they have to protect. In international law no common standard for indigenous land rights exists and individual countries have found different approaches in their domestic legislations often subordinating indigenous rights or restricting them on various grounds. Frequently, indigenous collective claims are weakened because legislation only recognizes individual rights to property as legitimate. The Inter-American Court of Human Rights (IACtHR) has evolved a firm protector of indigenous land rights. In its landmark decisions Mayagna (Sumo) Awas Tingni Community vs. Nicaragua (2001), Moiwana Community vs. Suriname (2005), Yakye Axa vs. Paraguay (2005), Sawhoyamaxa vs. Paraguay (2006) and Pueblo Saramaka vs. Suriname (2007) it has underlined that traditional collective land rights fall under the protection of property in the American Convention on Human Rights (ACHR) and are thus equivalent to individual private property rights. This paper will look at the role of the IACtHR in the protection of indigenous land rights in Latin America and will discuss how it confronts the balancing problem between the two forms of property rights. Thereby, it is argued that especially because the challenge stays unresolved in many Latin American countries, the implementation of the progressive decisions of the IACtHR is frequently delayed.
Indigenous people constitute a large portion of Latin America's population and suffer from severe and widespread poverty. They are more likely than any other groups of a country's population to be poor. This study documents their socioeconomic situation and shows how it can be improved through changes in policy-influenced variables such as education. The authors review the literature of indigenous people around the world and provide a statistical overview of those in Latin America. Case studies profile the indigenous populations in Bolivia, Guatemala, Mexico and Peru, examining their distribution, education, income, labour force participation and differences in gender roles. A final chapter presents recommendations for conducting future research.
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Cultural property, aboriginal people, ethnobiology, legal status, laws.
Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.
As migration has not commonly been considered as part of the indigenous experience, the prevalent view of indigenous communities tends to portray them as static groups, deeply rooted in their territories and customs. Increasingly, however, indigenous peoples are leaving their long-held territories as part of the phenomenon of global migration beyond the customary seasonal and cultural movements of particular groups. Diverse examples of indigenous peoples' migration, its distinctive features and commonalities are highlighted throughout this report, and show that more research and data on this topic are necessary to better inform policies on migration and other phenomena that have an impact on indigenous people' lives.
A RUSA 2007 Outstanding Reference Title The Encyclopedia of the Developing World is a comprehensive work on the historical and current status of developing countries. Containing more than 750 entries, the Encyclopedia encompasses primarily the years since 1945 and defines development broadly, addressing not only economics but also civil society and social progress. Entries cover the most important theories and measurements of development; relate historical events, movements, and concepts to development both internationally and regionally where applicable; examine the contributions of the most important persons and organizations; and detail the progress made within geographic regions and by individual countries.
In 1990, when Augusto Pinochet’s 17-year military dictatorship ended, democratic rule returned to Chile. Since then, Indigenous organizations have mobilized to demand restitution of their ancestral territories seized over the past 150 years. Sentient Lands is a historically grounded ethnography of the Mapuche people’s engagement with state-run reconciliation and land-restitution efforts. Piergiorgio Di Giminiani analyzes environmental relations, property, state power, market forces, and indigeneity to illustrate how land connections are articulated, in both landscape experiences and land claims. Rather than viewing land claims as simply bureaucratic procedures imposed on local understandings and experiences of land connections, Di Giminiani reveals these processes to be disputed practices of world making. Ancestral land formation is set in motion by the entangled principles of Indigenous and legal land ontologies, two very different and sometimes conflicting processes. Indigenous land ontologies are based on a relation between two subjects—land and people—both endowed with sentient abilities. By contrast, legal land ontologies are founded on the principles of property theory, wherein land is an object of possession that can be standardized within a regime of value. Governments also use land claims to domesticate Indigenous geographies into spatial constructs consistent with political and market configurations. Exploring the unexpected effects on political activism and state reparation policies caused by this entanglement of Indigenous and legal land ontologies, Di Giminiani offers a new analytical angle on Indigenous land politics.
A new understanding of the causes and consequences of incomplete property rights in countries across the world.